Owens v. Union City Chrysler-Plymouth, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a buyer who purported to rescind the contract but whose subsequent actions indicated an affirmation of the contract could not rely on the “rescission” in court
• “[i]f a party to a contract seeks to avoid it on the ground of fraud or mistake, he must, upon discovery of the facts, at once announce his purpose and adhere to it”
• “[Plaintiff’s] actions resulted in an affirmation of the . . . contract, and by virtue of that affirmation of the contract containing a merger clause, she was estopped from asserting any reliance upon the alleged misrepresentation made prior to execution of the contract.”
• trial court properly granted summary judgment to seller on buyer’s rescission claim, where, among other things, buyer “continued to make monthly payments on the car” and “drove it extensively, even on out-of-town trips, putting almost 40,000 miles on the car” over the course of two years

Source: CourtListener parenthetical corpus (CC0).